REWAT RAM Vs. STATE OF H.P

JUDGEMENT

(1.) THE petitioner was arrested in this case on 22nd July, 2009 in FIR No. 288/2009 registered in Police Station, Kullu, under Section 302 read with Section 34 of the Indian Penal Code and Section 3 (1)10(XV) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act. His bail was rejected by the learned trial court and now he has approached this Court for seeking bail.

(2.) CHALLAN has been presented in the Court on 20th October, 2009. Precisely, the prosecution case is that on 22nd July, 2009, at about 10.30 p.m., the mother of Dot Ram accused was allegedly molested by Mehar Chand, the nephew of deceased Kali Dass. This infuriated the accused persons and they went in search of Mehar Chand, but he was not found. Ultimately, Kali Dass deceased was caught hold by them. He was fisticuffed and also given kick as well as danda blows, with the result, he sustained injuries and became unconscious. Next morning, he was brought to hospital and the matter was reported to the police at 5 a.m. On the same day at 1.30 p.m., Kali Dass was declared dead. The allegation against the petitioner is that he had instigated the other accused persons to finish all the persons of a particular caste.

(3.) IN case the petitioner shall make breach of any of the conditions aforesaid, the liberty of his bail shall be cancelled.